Case Note & Summary
The matter arose from a criminal application filed before the Bombay High Court, Nagpur Bench, seeking quashing of criminal proceedings. The applicants were the husband, his parents, and his friend. The non-applicants were the State of Maharashtra and the wife. The dispute concerned FIR Crime No.188/2022 registered at Chimur Police Station on 13 June 2022 for offences under Section 498-A read with Section 34 of the Indian Penal Code, 1860, leading to Regular Criminal Case No.68/2022 pending before the Judicial Magistrate First Class, Chimur. The FIR alleged that applicant No.4, a friend of the husband, used to visit the matrimonial home and instigate the husband. The specific allegations were that he insisted the wife ask her father to give a plot and car to the husband, and if the demand was not fulfilled, he persuaded the husband not to cohabit with her and to send her to her parental home. At the hearing, counsel for the applicants did not press the application for applicants 1 to 3 (husband, mother-in-law, father-in-law), restricting the challenge to applicant No.4. The core legal issue was whether a friend of the husband falls within the definition of 'relative of the husband' under Section 498-A IPC, so as to be liable for cruelty. The counsel for applicant No.4 argued that the applicant was only a friend of the husband and not a relative under Section 498-A IPC. The Additional Public Prosecutor and counsel for the wife argued for a broad interpretation of Section 498-A IPC, contending that anyone who harasses the wife should be treated as a relative of the husband. The High Court reproduced Section 498-A IPC and referred to the Supreme Court decision in Dechamma I.M. alias Dechamma Koushik v. State of Karnataka, 2024 SCC Online SC 3853, which in turn relied on U. Suvetha. The Supreme Court had held that a girlfriend or a woman with romantic or sexual relations outside marriage cannot be construed as a relative because the term 'relative' brings within its purview a status conferred either by blood, marriage, or adoption. The High Court applied the same analogy to a friend and concluded that a friend is not a relative, as there is no blood, marriage, or adoption relationship. Therefore, the applicant No.4 could not be prosecuted under Section 498-A IPC. The High Court allowed the application and quashed Regular Criminal Case No.68/2022 pending before the Judicial Magistrate First Class, Chimur, arising out of FIR Crime No.188/2022.
Headnote
A) Criminal Law - Offences Relating to Marriage - Interpretation of 'Relative of Husband' - Indian Penal Code, 1860, Sections 498-A and 34 - Application sought quashing of criminal case against husband's friend for alleged instigation to demand plot and car and to send wife to parental home. The court referred to Dechamma I.M. alias Dechamma Koushik v. State of Karnataka, 2024 SCC Online SC 3853 and U. Suvetha, which held that a girlfriend is not a relative because relative status must be conferred by blood, marriage, or adoption. Applying the same analogy, a friend is not a relative of the husband under Section 498-A IPC. Held that the friend of the husband cannot be prosecuted and the criminal proceedings were quashed (Paras 3-10).
Issue of Consideration
Whether a friend of the husband can be said to be a 'relative of the husband' under Section 498-A of the Indian Penal Code, 1860, and therefore liable for cruelty under that provision.
Final Decision
Application allowed. Regular Criminal Case No.68/2022 (charge-sheet No.45/2022) pending before the Judicial Magistrate First Class, Chimur, Dist. Chandrapur arising out of FIR Crime No.188/2022 dated 13.06.2022 registered with Police Station Chimur, Dist. Chandrapur for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code was quashed and set aside.
Law Points
- Section 498-A IPC applies only to husband or relative of husband
- relative includes status conferred by blood
- marriage
- or adoption
- friend is not a relative
- Supreme Court precedent in Dechamma I.M. alias Dechamma Koushik v. State of Karnataka
- 2024 SCC Online SC 3853 and U. Suvetha followed
